IN THE CASE OF:	  

		BOARD DATE:	    12 July 2011

		DOCKET NUMBER:  AR20100029998 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Bronze Star Medal
* three bronze service stars for wear on his Vietnam Service Medal
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  The applicant states he was discharged before these awards were noted in his Official Military Personnel File and put on his DD Form 214.

3.  The applicant provides copies of his DD Form 214; certificate and citation for award of the Bronze Star Medal; military letter, dated 27 January 1970, with enclosures;  pages 1, 2, 6, and 101 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register); and DA Form 2992 (Record Firing I & II Scorecard).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 9 December 1966, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 55D (Explosive Ordnance Disposal (EOD) Specialist).

3.  Records show that Special Orders Number 41, Fort Polk, Louisiana, dated in February 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 28 August 1968, the applicant departed Fort Jackson, South Carolina, for duty in the RVN.

	a.  On 14 October 1968, he was assigned as an EOD specialist with Headquarters and Headquarters Company, 3rd Ordnance Battalion.

	b.  On 1 June 1969, the applicant departed the RVN, returning to the United States.

5.  On 3 June 1969, the applicant was released from active duty.  He had attained the rank of staff sergeant, pay grade E-6 and had completed 2 years, 
5 months, and 25 days of creditable active duty service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal [with 1960 Device]
* Explosive Ordnance Disposal Badge

7.  The applicant has provided a copy of an award certificate issued 18 July 1969, accompanied by a citation, indicating that he had been awarded the Bronze Star Medal for his meritorious achievement in the RVN from October 1968 to June 1969.

8.  In a letter with enclosures, as provided by the applicant, from the Commander, 533rd Ordnance Detachment, dated 27 January, the applicant's name is listed as having been awarded the Bronze Star Medal.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Bronze Star Medal.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

12.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 3rd Ordnance Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 50, dated in 1971 for award of the Meritorious Unit Commendation.
14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

15.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add the:

* Bronze Star Medal
* three bronze service stars for wear on his Vietnam Service Medal
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  There are no general orders that show the applicant was awarded the Bronze Star Medal.  The certificate, citation, and commander's letter, as provided by the applicant, are not sufficient evidence by themselves upon which to base a correction of his records.  Should he have, or be able to obtain, a copy of the orders awarding him the Bronze Star Medal, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of staff sergeant and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal for the period 
9 December 1966 through 3 June 1969.

4.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show that the applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.
6.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7.  Records show the applicant qualified as a sharpshooter with his rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal for the period 9 December 1966 through 3 June 1969; and

	b.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the:

* Army Good Conduct Medal
* Meritorious Unit Commendation
* Three bronze service stars to be attached to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to showing award of the Bronze Star Medal.




      _______ _   X____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100029998





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ABCMR Record of Proceedings (cont)                                         AR20100029998



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